Ch 1- 7 Quizzes (Business Law)
Suppose a driver who is driving over the speed limit negligently hits and injures a pedestrian who fails to see a red "Don't Walk" sign because she is looking at her cell phone. Suppose the jury finds that the driver is 80 percent responsible for the accident and that the pedestrian is 20 percent responsible. If the pedestrian suffered $100,000 in injuries, under the doctrine of partial comparative negligence, the plaintiff would recover _____ from the driver.
$80,000
Suppose a driver who is driving over the speed limit negligently hits and injures a pedestrian who fails to see a red "Don't Walk" sign because he is looking at his cell phone. Suppose the jury finds that the driver is 20 percent responsible for the accident and that the pedestrian is 80 percent responsible. If the pedestrian suffered $100,000 in injuries, under the doctrine of partial comparative negligence, the plaintiff would recover _____ from the driver.
0
Suppose Rodney, while riding a bicycle, is injured due to a defect in the manufacture of the bicycle. Further suppose the jury finds that that Rodney is 20 percent responsible for the injury and that the manufacturer is 80 percent responsible. If Rodney suffered $100,000 in injuries, under the doctrine of contributory negligence, Rodney would recover _____ from the manufacturer.
0
Suppose Rodney, while riding a bicycle, is injured due to a defect in the manufacture of the bicycle. Further suppose the jury finds that that Rodney is 80 percent responsible for the injury and that the manufacturer is 20 percent responsible. If Rodney suffered $100,000 in injuries, under the doctrine of partial comparative negligence, Rodney would recover _____ from the manufacturer.
0
The first _____ amendments to the U.S. Constitution are commonly referred to as the Bill of Rights.
10
There are _____ circuits in the federal court system.
13
A design patent is valid for _____ years.
14
In what year was the U.S. Constitution ratified by the states?
1788
If a bill has been vetoed by the U.S. President, the bill goes back to Congress, where a _____ vote of each the Senate and House of Representatives is required to override the President's veto.
2/3
A patent for a new fruit smoothie vending machine would be valid for _____ years
20
Suppose Rodney, while riding a bicycle, is injured due to a defect in the manufacture of the bicycle. Further suppose the jury finds that that Rodney is 20 percent responsible for the injury and that the manufacturer is 80 percent responsible. If Rodney suffered $100,000 in injuries, under the doctrine of comparative negligence, Rodney would recover _____ from the manufacturer.
80,000
Suppose Rodney, while riding a bicycle, is injured due to a defect in the manufacture of the bicycle. Further suppose the jury finds that that Rodney is 20 percent responsible for the injury and that the manufacturer is 80 percent responsible. If Rodney suffered $100,000 in injuries, under the doctrine of partial comparative negligence, Rodney would recover _____ from the manufacturer.
80,000
There are _____ U.S. District Courts.
94
Suppose Ling is injured in an automobile accident and Dr. Chen pulls Ling from the burning vehicle. If while examining Ling for injuries Dr. Chen accidentally fractures Ling's arm, under which of the following would Dr. Chen NOT be found liable?
A Good Samaritan Law
__ relieves medical professionals from liability for _____ negligence when they stop and render aid to victims in emergency situations.
A Good Samaritan Law; ordinary
Which of the following is NOT true about certification marks?
A party must be a member of the organization to use a certification mark.
__ cause is also called causation in fact
Actual
After it was discovered that Apple's software updates were intentionally causing their phones to slow down, which of the following did Apple NOT agree to do?
Apple agreed to stop slowing down phones.
In 1778, the Continental Congress formed a federal government and adopted the _____.
Articles of Confederation
___ of the U.S. Constitution authorizes Congress to enact statutes to protect the works of writers for limited times.
Article I, Section 8
___ is a defense that a defendant can use against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury.
Assumption of the risk
___ courts were allowed to give equitable remedies under the English common law.
Chancery
The _____ School of jurisprudence believes that the law is a set of rules developed, communicated, and enforced by the ruling party rather than a reflection of the society's morality, history, logic, or sociology.
Command
The _____ Clause of the U.S. Constitution grants Congress the power "to regulate commerce with foreign nations, and among the several states, and with Indian tribes."
Commerce
English _____ law was developed by judges, who issued their opinions when deciding cases. The principles in these cases became precedent for later judges deciding similar cases.
Common
The _____ School of jurisprudence proposes that legal rules are unnecessary and are used as an obstacle by the powerful to maintain the status quo.
Critical Legal Studies
Under this act, a court may order an ex parte seizure order to obtain stolen trade secret items.
Defend Trade Secrets Act
The requirement that a state must notify a defendant of the crime with which it is charging the defendant as well as provide the defendant with a proper hearing is required by the _____ Clause of the _____ Amendment to the U.S. Constitution.
Due Process; Fourteenth
Which of the following is NOT true regarding electronic dispute resolution?
Electronic dispute resolutions still involve face-to-face meetings.
The _____ Clause of the _____ Amendment to the U.S. Constitution provides that a state cannot "deny to any person within its jurisdiction the equal protection of the laws."
Equal Protection; Fourteenth
Which of the following statements is true about the early development of English common law?
Equitable orders and remedies of the Court of Chancery took precedence over the legal decisions and remedies of the law courts.
The federal Economic _____ Act makes it a federal crime to steal another's trade secrets.
Espionage
The _____ Clause of the _____ Amendment to the U.S. Constitution prohibits the government from either establishing a government-sponsored religion or promoting one religion over another.
Establishment; First
The general test of proximate cause is _____.
Foreseeability
The _____ Clause of the _____ Amendment to the U.S. Constitution prohibits the government from interfering with the free exercise of religion.
Free Exercise; First
___ negligence is a doctrine that says that a person is liable for harm that is caused by his or her willful misconduct or reckless behavior; in such a case, punitive damages _____ allowed.
Gross; are
Which of the following is NOT true about the arrival of the information age?
It arrived after new laws were written that were unique and specific to this environment.
The ________ School of jurisprudence believes that promoting market efficiency should be the central goal of legal decision making.
Law and Economics
Assume that a state statute of limitations for strict liability is two years. If the plaintiff is injured by a defective product on May 1, 2018, by what date must the plaintiff file the lawsuit?
May 1, 2020
Assume that a state statute of repose for strict liability is seven years. If a purchaser purchases a product on May 1, 2018, but is not injured until May 1, 2019, when does the statute of repose expire?
May 1, 2025
A person in Oklahoma who uses the website of an Internet seller located in Tennessee can sue the online retailer in _________
Oklahoma under its long arm statute
Which of the following is an accurate statement regarding copyright law?
Only tangible writings are subject to copyright registration and protection.
The Zippo Manufacturing Company was physically based out of which state?
Pennsylvania
The Fourteenth Amendment contains the _________, which provides that "No State shall make or enforce any law that shall abridge the privileges or immunities of the citizens of the United States."
Privileges & Immunities Clause
An Illinois law that prevents residents of Wisconsin from owning real estate in Illinois would violate the _____ Clause of _____ the U.S. Constitution.
Privileges and Immunities; Article IV of
__ cause is also called legal cause.
Proximate
___ is a tort in which the presumption of negligence arises because the defendant was in exclusive control of the situation, and the plaintiff would not have suffered injury but for someone's negligence.
Res ipsa loquitur
The executive branch of the federal government can enter into treaties with foreign governments only with the advice and consent of the _____.
Senate
Which of the following is NOT true about strict liability?
Strict liability requires the injured person to prove that the defendant breached a duty of care.
The _____ Clause of the _____ Amendment to the U.S. Constitution permits governments to take private property for public use with just compensation.
Takings; Fifth
Which of the following statements regarding arbitration is NOT true?
The arbitrators receive a percentage of the arbitration award.
Which of the following is NOT true about stare decisis?
The courts of one jurisdiction are bound by the precedents established by the courts of another jurisdiction.
Who may issue executive orders
The president of the United States and state governors
Which of the following is NOT true regarding the appellate process?
The responding party is called the secondary defendant.
Which of the following is NOT true about the defendant's case?
The defendant's attorney can ask any questions of a witness even if the topic was not brought up during direct examination.
Which of the following is NOT true about registering a trademark with the U.S. Patent and Trademark Office (PTO)?
Trademark applications can either be mailed in or filed electronically.
_ the supreme law of the United States.
US Constitution
Many states have adopted the _____ to give statutory protection to trade secrets.
Uniform Trade Secrets Act
Which of the following is not a relevant question according to the IRAC method of critical legal thinking?
Which executive nominated the judge presiding over the case?
Why was Subway denied a trademark for the word "Footlong"?
Words that are descriptive but have no secondary meaning cannot be trademarked.
Which of the following is protected speech under the First Amendment?
a commercial advertisement
__ occurs when a product has been placed in packaging that is insufficiently tamperproof.
a defect in packaging
___ occurs when a manufacturer does not place a warning on the packaging of products that could cause injury if the danger is unknown.
a failure to warn
An example of a failure to provide adequate instructions would be __________.
a vague instruction manual to put together a bike
A manufacturer or seller is relieved of product liability if the plaintiff has been injured by a(n) _____ of a product.
abnormal misuse
An appeal is the act of asking a(n) _____ to overturn a decision after the trial court's final judgment has been entered.
appellate court
Which of the following is NOT a court in the state court system?
appellate courts of the military services
___ is a form of alternative dispute resolution in which the parties choose an impartial third party to hear and decide the dispute.
arbitration
Which of the following is an example of the Socratic method of teaching?
asking students questions about a case or legal issue
_ is the threat of immediate harm or offensive contact, or any action that arouses reasonable apprehension of imminent harm.
assault
Suppose Marina Smirnoff is prescribed a medication that has side effects such as loss of hearing. Suppose further that her doctors described those risks to her and the side effects are prominently disclosed on medication. If Marina were to sue the pharmaceutical company, what defense would they be likely to assert?
assumption of risk
For the _____ defense to apply to a product liability action, the defendant must prove that the plaintiff knew and appreciated the risk, and that the plaintiff voluntarily assumed the risk.
assumption of the risk
Quasi in rem jurisdiction is also known as _____ jurisdiction.
attachment
The _____ doctrine is a special tort rule that imposes liability on a landowner to children who have trespassed onto his or her property with the intent to play on a hazard and are killed or injured while doing so.
attractive nuisance
__ is unauthorized and harmful or offensive physical contact with another person that causes injury.
battery
The two most common forms of mark dilution are _____.
blurring and tarnishment
What does the highest state court system hear appeals from?
both intermediate appellate state courts and certain trial courts
Which of the following is NOT one of the most common types of product defects?
breach of fiduciary duty
A UL mark indicating that products meet safety standards set by Underwriters Laboratories, Inc. is an example of which of the following?
certification mark
To maintain a class action, a class must be _____ by the appropriate federal or state court.
certified
When pretrial publicity may prejudice jurors, a _________ may be requested.
change of venue
Jury instructions are also known as _____.
charges
Which type of action requires certification that there is sufficient commonality among the plaintiff's claims by a court before it may proceed?
class action
A _____ is owned by an organization whose members identify themselves with the level of quality or accuracy or other characteristics of the organization. An example would be "Certified Public Accountant" or "CPA."
collective membership mark
Which of the following is NOT a recognized term for a false statement about a competitor's products, services, property, or business reputation?
commercial denunciation
Which of the following is an example of limited protected speech?
commercial speech
Suppose a driver who is driving over the speed limit negligently hits and injures a pedestrian who fails to see a red "Don't Walk" sign because he is looking at his cell phone. Suppose the jury finds that the driver is 80 percent responsible for the accident and that the pedestrian is 20 percent responsible. If the pedestrian suffered $100,000 in injuries, under the doctrine of _____, the pedestrian can recover $80,000 in damages from the driver.
comparative negligence
___ is a doctrine that applies to strict liability actions that says a plaintiff who is contributorily negligent for his or her injuries is responsible for a proportional share of the damages.
comparative negligence
Josephina is a resident of Illinois. Josephina causes an automobile accident in Michigan that injures Jorge, a resident of Michigan. Jorge seeks a $100,000 judgment against Josephina. The courts of Illinois, Michigan and the federal district court all have ___ jurisdiction.
concurrent
State courts have _____ jurisdiction with federal courts to hear cases involving diversity of citizenship and federal questions over which federal courts do not have exclusive jurisdiction.
concurrent
_____ is the act of a court to combine two or more separate lawsuits into one lawsuit.
consolidation
The _____ test requires demonstration that a product is more dangerous than the ordinary consumer would expect.
consumer expectation
Under which type of arrangement do lawyers receive a percentage of the amount recovered by winning or settling a case?
contingency fee
Suppose a driver who is driving over the speed limit negligently hits and injures a pedestrian who fails to see a red "Don't Walk" sign because she is looking at her cell phone. Suppose the jury finds that the driver is 80 percent responsible for the accident and that the pedestrian is 20 percent responsible. If the pedestrian suffered $100,000 in injuries, under the doctrine of _____, the pedestrian cannot recover any damages from the driver.
contributory negligence
Under the defense of _____, a party who is partially at fault for causing her own injuries is barred from recovering damages from the defendant in a product liability action.
contributory negligence
The _____ doctrine says that automobile manufacturers are under a duty to design automobiles so that they take into account the possibility of harm from a person's body striking something inside the automobile in the case of a car accident
crashworthiness
____ improves a person's problem-solving skills and helps him or her to make clear, logical, rational, and well-reasoned conclusions and judgments.
critical legal thinking
If the defendant does not answer the complaint, a _____ is entered against him or her.
default judgement
A _____ occurs when a product is designed incorrectly.
defect in design
A _____ occurs when the manufacturer fails to assemble a product properly, test a product properly, or check the quality of a product adequately.
defect in manufacture
The person giving a deposition is called the _____
deponent
The Federal Trademark _____ Act protects famous marks from erosion, blurring, or tarnishing.
dilution
Which of the following is NOT discoverable electronically stored information (ESI)?
diplomas
___ occurs when, after the witness is sworn in, the attorney who called the witness asks questions of the witness.
direct examination
Which of the following is NOT a component of critical thinking?
discounting opposing positions and arguments
All parties in the chain of _____ of a defective product are _____ liable for the injuries caused by that product
distribution; strictly
_____ of citizenship occurs if a lawsuit involves citizens of different states, or a citizen of a state and a citizen or subject of a foreign country.
diversity
Josephina is a resident of Illinois. Josephina causes an automobile accident in Michigan that injures Jorge, a resident of Michigan. Jorge seeks a $100,000 judgment against Josephina in the Illinois court. Josephina would be able to remove the case to federal court under _____
diversity of citizenship
Which divisions fall under the state trial courts of general jurisdiction?
domestic relations, probate, civil, juvenile, criminal
The internet and other computer networks permit parties to obtain website domain names and conduct business electronically. This is referred to as ______.
electronic commerce
When the states ratified the U.S. Constitution, they delegated certain powers, called _____ powers, to the federal government.
enumerated
Which of the following is NOT a primary function of law in the United States?
establishing uniform principles of individual morality
The Commerce Clause of the U.S. Constitution gives the federal government the _____ power to regulate commerce with foreign nations.
exclusive
Article II of the U.S. Constitution establishes the _____ branch of the federal government.
executive
Laws that are enacted only after considerable study, debate, and public input are an example of which function of the law?
facilitating orderly change
In Jones v. City of Seattle, the court ruled in favor of Jones and found the city liable under negligence. What was it negligent of?
failing to block accidental access to the pole hole in the firehouse
The law permits certain unauthorized use of copyright materials under the _____ doctrine.
fair use
Comparative negligence is also known as comparative _____.
fault
The Securities and Exchange Commission is an example of a _____.
federal administrative agency
The U.S. form of government is referred to as _____, which means that the federal government and the 50 state governments share powers.
federalism
Fundamental rights guaranteed in the _____ Amendment to the United States Constitution include freedom of speech, freedom to assemble, freedom of the press, and freedom of religion.
first
The Leahy-Smith America Invents Act stipulates a _____ rule for determining the priority of a patent.
first-to-file
Which of the following regarding fraud is FALSE?
fraud is often used as the basis for product liability actions.
Under the _____ Clause of the United States Constitution, a judgment of a court of one state must be recognized by the courts of another state.
full faith and credit
Quasi in rem jurisdiction is permitted under _____ of the Constitution.
full faith and credit clause
The U.S. District Courts are the federal court system's trial courts of _____ jurisdiction.
general
Guns are widely known to be dangerous and therefore manufacturers are not liable if they do not place warning labels on them. What is this defense called?
generally known danger
When legal scholars look to past legal decisions (precedent) to solve contemporary problems, it is an example of which school of jurisprudence?
historical school
A court's jurisdiction over a person is called _____ jurisdiction.
in personam
Josephina is a resident of Illinois. Josephina causes an automobile accident in Michigan that injures Jorge. Jorge can sue Josephina in Illinois because the court has _____ in Illinois over the defendant.
in personam jurisdiction
_____ jurisdiction means "jurisdiction over the thing."
in rem
The U.S. Supreme Court has applied the _____ doctrine and held that most of the fundamental guarantees contained in the Bill of Rights are applicable to state and local government action.
incorporation
State limited-jurisdiction trial courts are sometimes referred to as _____ trial courts.
inferior
Intellectual property falls into a category of property known as _____ rights, which are not tangible physical objects.
intangible
Which of the following is NOT a required element of a negligence lawsuit?
intent
Which of the following torts is also referred to as the tort of outrage?
intentional infliction of emotional distress
A buyer or lessee who is injured because a seller or lessor fraudulently misrepresented the quality of a product can sue the seller for the tort of _____.
intentional misrepresentation
Which of the following are the three categories of torts?
intentional torts, negligence, and strict liability
____ are written questions submitted by one party to a lawsuit to another party.
interragatories
Which of the following is NOT a major pleading in a lawsuit?
interragatory
States retained the power to regulate _____ commerce.
intrastate
Once the closing arguments are completed, the _____ reads jury instructions to the jury. These instructions inform the jury about what law to apply when they decide the case.
judge
The court may overturn the verdict if it finds bias or jury misconduct. This is called a _____.
judgment not withstanding the verdict
Article III of the U.S. Constitution establishes the _____ branch of the federal government.
judicial
Laws that make certain activities crimes are an example of which function of the law?
keeping the pace
____ is a body of rules of action or conduct prescribed by controlling authority and having binding legal force.
law
Which of the following schools of jurisprudential thought might suggest that the federal government's policy of subsidized housing provides incentives resulting in too many homes being built?
law and economics
Which of the following are categories of courts that established English common law?
law, equity, and merchant
Article I of the U.S. Constitution establishes the _____ branch of the federal government.
legislative
A false statement that appears in writing or other fixed medium is _____, while an oral defamatory statement is _____.
libel; slander
What is the copyright period for an individual copyright holder?
life of the author plus 70 years beyond the author's life
a statute of _____ requires an injured person to bring an action within a certain number of years from the time that he or she was injured by a defective product.
limitations
Offensive speech is an example of _____ speech.
limited protected
The bringing, maintaining, and defending of a lawsuit is generally referred to as _____.
litigation
A(n) _____ statute extends a state's jurisdiction to nonresidents who were not served a summons within the state.
long-arm
If five United States Supreme Court Justices agree as to the outcome and reasoning used to decide a case, it is a _____ decision.
majority
A _____ is any trade name, symbol, word, logo, design, or device used to identify and distinguish goods of a manufacturer or seller or services of a provider from those of other manufacturers, sellers, or providers.
mark
___ is a form of negotiation in which a neutral third party assists (without making a decision or an award) the disputing parties in reaching a settlement of their dispute.
mediation
United States' law evolves and changes along with all of the following EXCEPT:
misuses and oversights of our legal system
The _____ School of jurisprudence asserts that the law should be based on morality and ethics.
natural law
McDonalds failing to warn its patrons that the coffee they serve is exceptionally hot is an example of which of the following?
negligence
_____ is a tort related to defective products in which the defendant has breached a duty of care and caused harm to the plaintiff.
negligence
The violation of a statute that proximately causes an injury is _____.
negligence per se
The simplest form of alternative dispute resolution is _____.
negotiation
An invention is _____ if it is new and has not been invented and used in the past.
novel
A(n) _____ is a law enacted by local government bodies, such as cities and municipalities, counties, school districts, and water districts.
ordinance
The doctrine of unintentional tort is commonly referred to as _____ negligence.
ordinary
A motion for summary judgment is supported by evidence _____.
outside the pleadings
A comedy television show that performs satires of famous celebrities is an example of _______ fair use.
parody
Which of the following is NOT true regarding jury selection?
peremptory challenges can be used to be used to remove jurors based on race, ethnicity, or gender.
if five United States Supreme Court justices agree as to the outcome of a case but not as to the reasoning for reaching the outcome, it is a _____ decision.
plurality
_____ power permits state and local governments to enact laws to protect or promote the public health, safety, morals, and general welfare.
police
The concept of federal law taking precedence over state or local law is commonly called the _____ doctrine.
preemption
Which of the following is NOT a major form of discovery?
pretrial conference
A settlement conference may also be referred to as the _______.
pretrial hearing
Which of the following is NOT a common factor a court may consider in evaluating the adequacy of a product's design through risk-utility analysis?
prevailing macroeconomic market conditions
The law recognizes each person's right to live his or her life without being subjected to unwarranted and undesired publicity. A violation of this right constitutes the tort of invasion of the right to _____.
privacy
Merchant protection statutes are also known as the shopkeeper's _____.
privilege
When the complaint and summons are served on the defendant, this is called service of _____.
process
Laws that allow for the settlement of cases prior to trial are an example of which function of the law?
providing a basis for compromise
In Palsgraf v. The Long Island Railroad Company, Justice Cardozo said that "proof of negligence in the air, so to speak, will not do." What issue is this quote addressing
proximate clause
After the copyright period expires, the work enters the _____, which means that anyone can publish the work without paying the prior copyright holder.
public domain
misappropriation of the right to _____ is an attempt by another person to appropriate a living person's name or identity for commercial purposes.
publicity
In product liability cases, a court can award _____ damages if it finds that the defendant's conduct was committed with intent or with reckless disregard for human life.
punitive
Josephina is a resident of Illinois. Josephina causes an automobile accident in Michigan that injures Jorge. Jorge, the injured plaintiff, wins a $50,000 judgment against Josephina in the Illinois court. Although Josephine has no property in Illinois, she owns property in Indiana. Jorge, under _____, can bring a legal action in Indiana to recover Josephina's property there.
quasi in rem jurisdiction
The Supreme Court in Fisher v. University of Texas at Austin held that _____.
race-conscious admissions is lawful under the equal protection clause
A law that pays benefits to those over the age of 62, but not those who are younger would be subject to the _____ test.
rational basis
After the defendant's attorney has finished calling witnesses, the plaintiff's attorney can call witnesses and put forth evidence to rebut the defendant's case. This is called a _____.
rebuttal
The defendant's attorney can call additional witnesses and introduce other evidence to counter the plaintiff's rebuttal. What is this called?
rejoinder
In a civil case, the judge may reduce the amount of monetary damages awarded by the jury if he or she finds the jury to have been biased, emotional, or inflamed. This is called _____.
remittitur
A statute of _____ limits the seller's liability to a certain number of years from the date when the product was first sold.
repose
A competitor can lawfully discover a trade secret by _____ engineering.
reverse
Which of the following would NOT be considered misappropriation of a trade secret
reverse engineering
In evaluating the adequacy of a product's design, a court may apply a _____ analysis. This requires the court to consider the gravity of the danger posed by the design, the likelihood that injury will occur, the availability and cost of producing a safer design, and the social utility of the product.
risk-utility
The name FedEx is an example of a _____.
service mark
Lawyers typically operate on a contingency-fee basis for each of the following cases EXCEPT:
simple bankruptcy proceedings
Many states have created _____ claims courts to hear cases involving small dollar amounts, such as $5,000 or less.
small
The _____ School of jurisprudence asserts that the law is a means of achieving and advancing certain sociological goals.
sociological
A party who disputes the jurisdiction of a court can make a _____ appearance in that court to argue against imposition of jurisdiction. Service of process _____ permitted during such an appearance.
special; is not
To bring a lawsuit, a plaintiff must have _____ to sue.
standing
The doctrine of _____ promotes uniformity of law within a jurisdiction, makes the court system more efficient, and makes the law more predictable for individuals and businesses.
stare decisis
The Texas Natural Resources Code is an example of a(n) _____.
state statute
A(n) _____ is a written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct to which covered parties must adhere.
statute
A _____ establishes the period during which a plaintiff must bring a lawsuit against a defendant.
statute of limitations
The Tiger Queen operates a tiger sanctuary in Oklahoma. Under the doctrine of _____, if a tiger escapes and injures someone nearby, the Tiger Queen would be liable without the plaintiff having to prove fault.
strict liability
A governmental action that interferes with the right to vote would be subject to the _____ test.
strict scrutiny
_______ is a category of due process that requires government statutes, ordinances, regulations, or other laws be clear on their face and not overly broad in scope.
substantive due process
A(n) _____ is a court order that directs the defendant to appear in court and answer the complaint.
summons
The manufacturer or seller is not liable if a product is materially altered or modified after it leaves the seller's possession and the alteration or modification causes an injury. Such alteration or modification is called a _____ event.
supervening
The _____ Clause of the U.S. Constitution establishes that the Constitution and federal treaties, laws, and regulations are the supreme law of the land.
supremacy
The highest court in a state court system is usually referred to as the state _____ court.
supreme
Which of the following is NOT a recognized method of service of process?
symbolic
Using the mark Gucci on a deck of playing cards depicting sexually explicit graphics is an example of _______.
tarnishment
Which of the following is NOT a skill developed through reviewing the court cases in the textbook?
technical computr skills
Which of the following CANNOT be registered to receive trademark protection?
the US flag
Which of the following is NOT an element required to prove disparagement?
the defendant made the statement without intent to injure the plaintiff
What is the legal effect of a tie vote at the United States Supreme Court level?
the lower court decision is affirmed, and the vote is not precedent for later cases
After Michael Carneal shot his fellow students, the U.S. Court of Appeals ruled that the producers of violent video games and movies - those that Michael watched prior to committing the shooting - could not be held liable because they were not the proximate cause of Michael's actions. What is proximate cause?
the point along a chain of events where the negligent party can no longer be held liable
Which of the following is NOT a required element of fraud?
the wrongdoer was a casual (i.e., a non-merchant) seller
What is the dollar-amount limit on federal question cases that can be brought in federal court?
there is no dollar amount limit
What was the main reason for the creation of law courts by William the Conqueror during the early development of the English common law?
to administer the law in a uniform manner
What was the main reason for the establishment of chancery courts during the development of English common law?
to eliminate unfair results and limited remedies of law courts
What is the function of an intermediate appellate court?
to review the trial court for record errors
Because strict product liability is a(n) _____ doctrine, privity of contract between the plaintiff and the defendant _____ required.
tort; is not
The name Tesla is an example of a _____.
trademark
Under the _____ intent doctrine, the law transfers the perpetrator's intent from the target to the actual victim of the act.
transferred
A _____ vote of the U.S. Senate is required to impeach the president.
two thirds
If all of the United States Supreme Court Justices agree as to the outcome and reasoning used to decide a case, it is a _____ decision.
unanimous
Which of the following is NOT a defense against negligence?
unintentional negligence
Obscene speech is an example of _____ speech.
unprotected
A(n) _____ patent protects the functionality of an invention.
utility
_____ is concerned with the geographical location of the court where a lawsuit is commenced.
venue
An electronic court is also called a _____ courthouse.
virtual
Electronic courts (e-courts) may also be referred to as _______.
virtual courthouses
____ is the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions.
voir dire
Tort is the French word for a _____.
wrong
The United States Supreme Court is composed of _____ Justices who are nominated by the _____ and confirmed by the _____.
nine; President; Senate
To be patented, an invention must be _____.
novel, useful, and nonobvious